Bike Accidents Are Common and Finding Enough Recovery is Often an Issue
Bike accidents can be some of the most serious injury cases. A speeding car impacting a bicyclist can cause life-altering damage including traumatic brain injuries, paralysis, or death. Unfortunately, it is incredibly common that there are two major issues an injury victim must overcome with their bicycle-related injury: denial of liability and lack of insurance coverage. Regarding liability, different states have different laws and statutes governing the operation of motor vehicles and the operation of bicycles. Additionally, each state has different policies regarding “comparative fault.” What this means is certain states may prohibit an injury victim from recovering for his or her damages sustained in a crash if they are found to be 50 or 51 percent at fault. While this is not the case in every state in the country it is incredibly common. Given this bar on recovery, at-fault drivers and their insurance companies may heavily dispute the facts of the case and contend the at-fault driver did not violate one of the state-specific laws or may argue the bicyclist was 50% or more at fault for their own injuries and, accordingly, the injured bicyclist is not entitled to compensation. Additionally, even if there is no dispute regarding the liability of the at-fault driver, the motorist may not have enough insurance coverage to pay for the damage they caused. Bicyclists generally sustain more severe injuries as they have no protection like a motorist does. Unfortunately, motorists often carry the minimum legally required insurance. This means motorists often cannot fully compensate a bicyclist for their injuries. Finding additional insurance to fully compensate the bicyclist is difficult and requires knowledge of the state-specific laws governing insurance coverage. This process can be lengthy, frustrating, and complicated. It is important to have an attorney who is familiar with types of recovery for a bicyclist’s injuries sustained as a result of a car accident so you can have the maximum methods of recovery. Members of Goodnow|McKay are experienced with these claims and are here to help. We are committed to helping our clients recover fair compensation. We are often able to negotiate reasonable settlements with the responsible insurance companies, but we are willing to fight for our clients through trial if necessary.
Lawyers You Can Trust.
Proving Liability in a Bike Accident
- General Negligence: is a claim that someone acted in an unreasonable manner in a specific situation. If someone is operating a motor vehicle it is reasonable for them to keep a look out to avoid hitting anything or anyone.
- Negligence per se: Negligence per se uses violation of a law to prove a person acted unreasonably. Reasonable people should not be acting in an illegal manner. The violation of the law must have contributed to the accident and subsequent injury, and the person who was injured must have been the type of person the law was designed to protect. A common example would be if a motorist runs a stop sign and hits a cyclist.
Comparative Fault in a Bike Crash
Even if liability is established there may be a dispute over allocation of fault. Arizona uses a pure comparative fault standard. This means, fault for the incident is allocated to everyone involved based on a percentage. For example, if two people run a stop sign at the same time as each other, it is equally both of their faults. This would be measured as 50% fault for each driver.
With bike accidents, fault can be partially attributed to the cyclist for not wearing their helmet (thereby making their injuries worse), acting negligently (for example operating the bike in a dangerous manner), or breaking a law (running a stop sign). Whatever fault a person is allocated is the same percentage deducted from their case. For example, if the total case value, regardless of fault, is $10,000, and the bike rider is allocated 20% fault, the rider would only be able to recover $8,000.
Insurance companies try and diminish the case by placing the fault on the injured rider. It is important to have an advocate who understands the allocation of fault, the local rules for bike riders, and preserves your rights.
Arizona Bike Accident Statistics
According to AZDOT, Arizona had the following accident statistics for 2017:
- 1702 total pedestrian-related crashes.
- 1,510 pedestrians were injured by cars.
- 226 pedestrians died as a result of a car accidents.
- 1,371 bike riders were injured by cars.
- 32 bike riders died as a result of a car accidents.
